Univ. of Montreal Pension Plan

Almost 10 years after Judge Scheindlin’s Zubulake opinions, does failure to issue a written litigation hold resulting in the destruction in relevant documents constitute gross negligence and warrant sanctions? No, answered the 2nd Circuit recently in Chin v. The Port Authority.

While magistrate judges supervising electronic discovery often have their recommendations subjected to review by district court judges, the federal circuit courts of appeal are rarely a source of electronic discovery precedent.

It’s your worst nightmare: the court has just issued a sanctions order in the company’s long-running case against a bitter competitor and not only is your client sanctioned, but you are personally charged with spoliation of evidence.